The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-10-28
r4E ANARCHISTS. APPEAL.

The Applicatjon for . Writ Of Error Mado
Before Juatleo Harlan, Who Refers ft 70
the Rull Beach.
WASHINGTON, Oct 21.-Long before 1880
O'Clock this morning, winch was the hour
set for the hearing Of the application for .
writ Of error in the Chicago Anarchist
cases, the conference room Of the United
States Supreme Court in tho basement Of
the capitol was uncomfortably crowded
with lawyers and newspaper men who
were waiting to hear the proceedings.
John Randolph Tucker, General Pryor,
General b. F. Butler, Captain Black and
all the other counsel for the condemned
prisoners were present and in whispered
consultation. At 1910 o'clock Justice Har-
Ian entered, and after greeting the counsel
and directing that all newspaper men be
allowed to come in and take such places as
best fitted their convenience, he seated
himself at his desk and called for attention.
As soon as the room had become quiet,
Justice Harlan, without waiting for
any formal motion or application
from the prisoners counsel, said
with slow, deliberate enunciation: This.
is an application for . writ OF error to
bring up for review by the Supreme Court.
Of the United States the judgment Of the
Supreme Court Of the State Of Illinois in
volving the liberty of one Of the petition
ers and the lives Of the others. The time
fixed for executing the sentence of death
is, / am informed, the 18th day Of Novem--
Der. Under the circumstances 1t is my
duty to facilitate an early decision Of any
question in the case Of which the Supreme
Court Of the United States may properly
take cognizance. If Ishould allow writ of
error it is certain that counsel would have
to repeat before the court the argument
which they propose now to make before
me. On the other hand, if should refuse
a writ, the defendants would be at liberty
to renew their application before any Jus
tice of the Supreme Court, and, as human
life and liberty are involved, that Justice
might feel obliged, Notwithstanding the
previous refusal Of the writ, to look into the
case and determine for himself whether
the writ of error should be allowed.
If he also refused, the defendants
could take the papers to some other mem
Der Of the court, and SO on until each
Justice had been applied to or until some
Justice had granted the writ. In this way
it is manifest that delays might occur
that would be very embarrassing IN view OF
the short time intervening between this
day and the date fixed for carrying the SEN
tence into effect. AS the case Is one of a.
very serious character in whatever aspect
it may be regarded, deem it proper to make
an order, which now do, that the coun-
sci present this application to the court.
in open session, to the end that an early
and final action may be had upon the ques-
ton whether that court has jurisdiction to
review the Judgment in the trial. There IS
no reason why it may not be presented to
the court at its session to-day. The coun-
sci may state that publication is made to
h ri ont 70 vry- Al ln,.o
APPLYING TO THE COURT.
WASHINGTON, Oct. 22.-When the United
States Supreme Court reassembled yester-
day afternoon, ten minutes after the usual
hour, the courtroom was crowded with
people waiting to hear the petition for a
writ Of error in the case Of the Chicago An
archists, which it was known would be
made to the full court in compliance with
Justice Earlan's order.
As soon as the candidates for admission
to the bar had been disposed of, General
Pryor, Of the counsel for the condemned
Anarchists, rose and addressed the
court in support Of q petition for q
writ of error.
At the conclusion Of Mr.. Pryor's speech
the Chief Justice held brief whispered
consultation with several Of the Associate
Justices, including Field, Miller. Harlan
and Matthews, and then said: ''Mr. Pryor,
you may have printed at once, if possible,
the parts of the record which raise the
questions and hand them to US this after
noon or early tomorrow morning, and on
Monday we will indicate what IS further
necessary to be done"
Mr. Pryor bowed and all Of the counsel
for the Anarchists and most Of the large d
audience which had assembled streamed
out of the court room into the corridor dis
cussing the proceedings and the condemned